Srinagar: The Jammu and Kashmir government has issued fresh instructions aimed at balancing forest conservation with protection of statutory rights of Scheduled Tribes and other traditional forest dwellers under the Forest Rights Act, 2006, officials said on Tuesday.
New circular mandates strict adherence to multiple laws
The Department of Forest, Ecology and Environment has circulated Circular No. 07-JK(FST) of 2026, directing all concerned departments and authorities to strictly follow the provisions of the Forest Rights Act, the Indian Forest Act, the Wildlife (Protection) Act and other applicable environmental statutes when dealing with forest land, encroachments and claims over forest rights.
The government said forest conservation and recognition of legitimate rights of forest-dependent communities must be pursued simultaneously, and that all claims should be settled through the legally prescribed mechanisms.
Verification, demarcation and record reconciliation
Under the guidelines, when occupation of forest land is reported, forest authorities have been instructed to undertake a systematic verification process that includes:
- examining forest and revenue records to verify status and classification of the land;
- determining the nature and extent of occupation;
- assessing evidence and claims submitted by occupants, including any claims under the Forest Rights Act;
- reconciling forest and revenue records and demarcating land where required to avoid erroneous identification, overlapping claims and unauthorised occupation.
The circular specifies that such verification and demarcation exercises will not prejudice any claim already pending under the Forest Rights Act.
Protection of ecology while claims pending
Authorities have been told that pending determination of claims under the FRA, the existing forest character and ecological integrity of the area must be safeguarded. The circular contains an explicit restriction on actions that would alter the land or its forest resources.
"No activity shall be permitted that alters the physical status of the land, causes degradation of forest resources, damages forest growth or otherwise prejudices the protection and conservation of forests," the circular states.
Unauthorised occupation and legal remedy
The government has directed that any unauthorised occupation which is not covered by a recognised forest right or otherwise protected by law should be addressed in accordance with the applicable legislation and prescribed procedure. The circular therefore signals a dual track: protect forest ecology in the short term while processing claims through statutory channels.
Officials said the move is intended to prevent premature or ad-hoc actions that might lead to loss of forest cover or legal complications arising from overlapping claims between forest and revenue records.
Implications for stakeholders
The instructions will affect multiple stakeholders involved in forestland disputes, including forest and revenue departments, district administration units, local tribes and other traditional forest dwellers who may have pending or potential claims under the FRA.
Given the emphasis on reconciling records and careful demarcation, district-level agencies will need to coordinate closely to avoid conflicting conclusions about land status. The circular places procedural responsibilities with forest authorities while acknowledging the legal sanctity of claims under FRA.
| Issue | Directive |
|---|---|
| Reported occupation of forest land | Verify status, examine records, assess claims (including FRA) |
| Pending FRA claims | Protect ecological character; do not permit altering activities |
| Unauthorised occupation not covered by law | Deal as per applicable legislation and procedure |
The circular does not change the substantive law but provides an administrative framework to ensure simultaneous protection of forests and lawful recognition of rights, officials said.
Context and legal framework
The Forest Rights Act, 2006, recognises the rights of forest-dwelling scheduled tribes and other traditional forest dwellers to forest land and resources, subject to procedures laid down in the Act. The Indian Forest Act and the Wildlife (Protection) Act regulate forest management and protection of wildlife habitats respectively. The circular reiterates that these statutes must be read together in any administrative action concerning forest lands.
Officials in Srinagar said the guidelines aim to reduce disputes arising from overlapping forest and revenue records and to bring clarity to the process of adjudicating claims while ensuring that ecological concerns are not sidelined.
— Irfan Bhat
